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HomeMy WebLinkAboutDept ReportCARMEL/CLAY BOARD OF ZONING APPEALS DEPARTMENT REPORT June 28, 2004 Orin Jessup Land Co, Sec 2, pt lots 238-241 - Matthews Auto Repair The applicant seeks the following development standards variances: Docket No. 040500049 V Chapter 23E Home Play Overlay Requirements The site is located at 725 E 106th Street. The site is zoned B-2/Business within the Home Place Business District Overlay. Filed by E. Davis Coots for Matthews Auto Repair. General Information: The petitioner requests a variance from all of the requirements of the Home Place Overlay. Since road expansion/widening occurred along 106* Street, the petitioner now has an opportunity to change his site. The loss of service bays with access from 106' street triggered an opportunity for a building addition to the rear of the building. This also triggers a need for the site to abide by the Home Place Overlay requirements. Background Information: Excerpt from May 19, 2004 TAC meeting minutes: HOYES: Waiving detention requirements will not be able to do from impervious surface. We will require detention. Cannot release into a storm drains, which is the Almond & Stultz Drain. Small pond or underground will be acceptable. I need engineered site plans. GROVES: We have utilities there but I need engineered site plans. SHUPPERD: There is gas at the building now will you add to the load? Here is your contact person to upgrade meter if necessary. BROERMANN: Relocating or adjusting the width of the entrance we have concern with what type will go in. We would request the right-of-way stick with the Thoroughfare Plan so sixty feet (60) feet half. What we need is for you to keep working with Joel and the dimensions of the building so we can get this correct. HILL: No plans, no comments. SOUTH: I would like a set of plans. Is the total impact less than one acre? PROBST Yes. SOUTH: Then you are exempt fi~om the Rule Five Requirement. AKERS: No comments. HOYT: I sent you a letter May 17. I need a set of construction plans before I comment. DOBOSIEWlCZ: We need variances and plans to continue this process. BREWER: I need an engineered landscaping plan. DOBOSIEWlCZ: Could you support relief without landscaping? BREWER: No and on the plans I need easements and overhead lines shown. DOBOSIEWlCZ: This submittal today is unacceptable. You have a need for pavement over more of the site than originally discussed. Variances necessary have not been addressed on landscaping, curbing and drainage. Suggest Petitioner hold off on BZA until you can return to TAC with acceptable engineered and complete plans for appropriate comments. Curbing, landscaping are required by all petitioners along with drainage, and adequate parking. Discussion should continue outside of TAC with your client and us to ensure your success next time through. BLANCHARD: No plans, no comments. ALLEY: Building permits should NOT be issued unless the District has issued a connection permit and any work on the sewer connection will require a District permit and inspection. Detailed construction plans need to be submitted for review. The existing sanitary sewer lateral should be re-used if possible and nay work on the sewer connection will require a District permit and inspection. ...END... Analysis: While the petitioner requests a variance from all of the requirements of the Home Place Overlay, there are still underlying zoning requirements of the B-2/Business zone and additional sections of the Ordinance, such as Chapter 26.4: Buffer yard requirements. Findings of Fact: 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: The approval of a variance from all of the requirements of the Home Place District will be injurious to the community. 106th Street is a fairly heavily traveled road, and Home Place requirements, such as landscaping, buffering, and architectural details should be required. 2.) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: The use and value of the area adjacent to the property may be affected in a substantially adverse manner by allowing none of the Home Place overlay requirements to be enforced. The property will then look as it does today, when this is an opportunity for the owner to upgrade his site with landscaping, a building fagade upgrade, and the like. 3.) The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: The strict application of the Zoning Ordinance will not result in practical difficulties in the use of the property, due to fact that the owner can fulfill most, if not all, o£the requirements of the Home Place Overly, to some degree. Recommendation: The staff recommends negative consideration of Docket No. 040400049 V. Most, if not all, of the requirements of the Home Place Overlay should be adhered to.